Gas Stations fined by ANP
Gas Stations fined by ANP – Gas Stations assessed by the ANP are subject to fines ranging from R$20,000 to R$5 million. Sanctions are applied only after administrative proceedings, during which the economic agent is entitled to full defense and adversary proceedings, as defined by law.
In the actions, inspectors verify that the Agency’s rules – such as compliance with fuel quality standards, the supply of the correct volume by the pumps, presentation of adequate equipment, and documentation, among others – are being complied with.
See below the results of the main actions in 11 units of the Federation:
Acre
This week, teams from ANP and Procon-AC inspected 33 gas stations in the cities of Rio Branco and Sena Madureira, in Acre. No irregularities were found in the quality tests carried out in the field, but 105 samples were collected for further analysis in a laboratory accredited by the ANP.
In Rio Branco, the penalty of suspension of ten days in a post was also applied, determined after the conclusion of the administrative process. The establishment had already been fined and fined three times, the last one for lack of quality testing equipment (which the service is required to perform when requested by the consumer). With the conclusion of the process, the post was fined and punished for ten days, as determined by Law No. 9,847/1999 and ANP Resolution No. 780/2019.
Pará
In Pará, the ANP inspected 13 economic agents, including gas stations, LPG resellers and transporters-dealers-retailers in inland navigation (TRRNI).
In the city of Santarém, the Agency’s team interdicted 11 metering pumps that supplied less fuel than registered, seven in two service stations and four in a TRRNI. There was also an interdiction of a LPG resale point that operated without authorization from the ANP, with the seizure of 48 cylinders.
Pará-Maranhão
This week, the ANP also began its participation in Operation Tentacles, which is still in progress, to curb irregularities in the region on the border of Pará and Maranhão. In addition to the ANP, the operation is composed of the Federal Highway Police (PRF), Federal Revenue, National Telecommunications Agency (Anatel), Ministry of Agriculture, Livestock and Supply (Mapa), Brazilian Intelligence Agency (Abin), State Secretariat for Fazenda do Pará (SEFA-PA), Agrarian Development Agency of Pará (ADEPARA), Civil Police of Maranhão and State Secretariat of Finance of Maranhão (Sefaz-MA).
Mato Grosso
In Mato Grosso, the ANP carried out a joint operation with the Specialized Consumer Protection Police (Decon) in Cuiabá and Várzea Grande, in addition to inspection actions in Rondonópolis. In total, seven sales stations, five biodiesel producers, two transport-dealers-retailers (TRR), and seven fuel distributors were inspected.
Two fueling nozzles were banned at a gas station in Cuiabá, one for hydrated ethanol and one for S10 diesel, for providing less fuel than registered at the pump. The same establishment was also fined for malfunctioning the thermodensimeter (equipment coupled to ethanol supply pumps to check fuel quality).
Also in Cuiabá, one station was fined for not having equipment for quality analysis, and a distributor for not listing all the seals of the tank truck on the invoice.
In Rondonópolis, there were assessments at two stations – one for not having quality analysis equipment and one for non-compliant hydrated ethanol in terms of color – and at one TRR – for not communicating to the ANP a change in the registration of the tank.
Goiás
The ANP inspected eight gas stations in Goiânia, Ceres, Rialma and Anápolis, in Goiás. No irregularities were found in the field tests, but samples were collected for further analysis at the ANP’s Center for Research and Technological Analysis (CPT).
Rio Grande do Sul
In Rio Grande do Sul, the ANP was in the cities of Alegrete, São Pedro do Sul, Santa Maria and São Vicente do Sul, where it inspected 11 gas stations and a LPG (cooking gas) reseller. In Alegrete, the action was carried out in conjunction with the Municipal Procon.
An establishment in São Pedro do Sul was interdicted and fined for selling LPG without authorization from the ANP. Two stations were also fined for displaying a distributor’s brand and registered with the ANP as a white flag, one in São Pedro do Sul and one in São Vicente do Sul.
Santa Catarina
In Santa Catarina, the ANP inspected ten gas stations and three LPG dealerships in Brusque, Canelinha, Guabiruba, Itajaí, Major Gercino, Nova Trento, Palhoça, Porto Belo and São João Batista. A LPG dealership in Palhoça was banned due to security problems at the facilities.
Paraná
In Paraná, the ANP inspected five sales stations and three fuel terminals, in the cities of Curitiba, Colombo and Paranagu. No irregularities were found.s.
Minas Gerais
This week, the ANP inspected 44 economic agents, including fuel and LPG reseller stations, in the cities of Belo Horizonte, Guaxupé, Governador Valadares, Teófilo Otoni, Betim, Pote, Lavras and Frei Gaspar.
In Lavras, the Agency had a partnership with Procon-MG, having inspected 13 establishments with allegations of possible LPG sales without ANP authorization, in addition to 20 authorized LPG resellers. In this action, an establishment for trading LPG without authorization was interdicted, with the support of the Military Police due to the owner’s refusal to authorize the seizure of the cylinders. Two LPG resellers were also fined due to the absence of a decimal scale and price panel.
In the same city, the ANP also filed eight notices at gas stations: four for irregular gauging of the metering pump (supplying less fuel than registered at the pump), which were also banned; one for irregularities in the price panel; one for filling fuel in an inadequate container; and two due to the termination of the activity without proper communication to the ANP.
In Teófilo Otoni, there were also interdictions at four stations due to irregular gauging of a metering pump, totaling seven interdicted nozzles.
In the municipality of Governador Valadares, there were also joint inspections with employees of Procon-MG, for training purposes of that body.
São Paulo
In the State of São Paulo, 24 gas stations, four ethanol producers, a formulator and a fuel terminal were inspected, in addition to five tank trucks from two distributors. The inspectors were in the capital and in the cities of Américo Brasiliense, Barrinha, Ferraz Vasconcelos, Guarulhos, Itapecerica da Serra, Jundiaí, Limeira, Mococa, Pitangueiras and Santo André.
In Itapecerica da Serra, the action had a partnership with the National Land Transport Agency (ANTT) for the inspection of tank trucks in Barreira Fiscal, and no irregularities were found.
In Santo André, the operation was in conjunction with the Civil Police, through the 1st Police District of São Bernardo do Campo. One station was fined and totally interdicted for six irregularities: selling regular gasoline with an anhydrous ethanol content of 62%, whereas the legal requirement is 27%; commercialize hydrated ethanol fuel with an alcohol content above the permitted level; use electronic device to defraud the amount of fuel provided; provide fuel in lesser quantities than indicated in nine nozzles (four of them reaching almost 10% less); be with inoperative thermodensimeters; and displaying a distributor’s trademark being registered with the ANP as a white flag.
There was also a total interdiction and notice at a station in São Paulo, for operating without authorization from the ANP, in addition to selling regular gasoline with 55% ethanol, not having equipment to carry out the quantity supplied by the pump and fuel quality tests (the which the station is required to do when requested by the consumer) and have the thermodensimeters defective.
The ANP also carried out assessments at two stations in Jundiaí – one for not updating registration data regarding the display of the trademark and one for lack of thermodensimeters in pumps – and at one station in Ferraz Vasconcelos, also for not updating registration data regarding the brand.
Rio de Janeiro
In the State of Rio de Janeiro, ten gas stations and three LPG dealerships were inspected in the cities of Guapimirim, Itaperuna, Santo Antônio de Padua, São José do Vale do Rio Preto and Três Rios.
At the stations, 50 fuel quality tests were carried out in the field, as well as samples were collected for further analysis in a laboratory accredited by the ANP. Two posts were fined and were banned. In São José do Vale do Rio Preto, an agent had the tank and two ethanol spouts interdicted for not meeting ANP specifications. In Itaperuna, a gas station had eight supply nozzles banned for supplying less fuel than indicated at the pump.
In addition, in Santo Antônio de Pádua, a LPG reseller was fined for irregular storage and non-compliance with a previous notification from the Agency.
See the results of ANP actions throughout Brazil
ANP’s inspection actions are planned from various intelligence vectors, such as consumer complaints, data from the Agency’s Fuel Quality Monitoring Program (PMQC), information from other agencies and the ANP’s Intelligence area, among others . Thus, actions are focused on regions and economic agents with signs of irregularities.
To monitor all ANP inspection actions, access the Dynamic Supply Inspection Panel (https://www.gov.br/anp/pt-br/assuntos/fiscalizacao/fiscalizacao-do-abastecimento/painel-dinamico-da -inspection-of-supply). The database is updated monthly, with a period of two months between the month of inspection and the month of publication, due to compliance with legal requirements and operational aspects.
Complaints about irregularities in the fuel market can be sent to the ANP through the ‘Contact Us (https://www.gov.br/anp/pt-br/canais_atendimento/fale-conosco)’ or by calling 0800 970 0267 (toll free) .
